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BROWN v. SUPERIOR COURT

Docket Nos. S.F. 24403, 24405.

33 Cal.3d 242 (1982)

655 P.2d 1260

188 Cal. Rptr. 425

EDMUND G. BROWN, JR., as Governor, etc., et al., Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THOMAS W. MARTIN et al., Real Parties in Interest. RALPH J. GAMPELL, as Administrative Director, etc., Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THOMAS W. MARTIN et al., Real Parties in Interest.

Supreme Court of California.

November 1, 1982.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Richard D. Martland, Assistant Attorney General, Arne Werchick and Werchick & Werchick for Petitioners.

No appearance for Respondent.

Leonard M. Friedman, Andrea M. Miller, Kronick, Moskovitz, Tiedmann & Girard, Paul R. Haerle, Vaughn R. Walker, James P. Hargarten, Bruce A. Ericson and Douglas P. Kight for Real Parties in Interest.

Hufstedler, Miller, Carlson & Beardsley, Robert S. Thompson and Mary E. Healy as Amici Curiae on behalf of Respondent and Real Parties in Interest.

OPINION

NEWMAN, J.

The Court of Appeal system in California was expanded significantly by a statute the Legislature passed and the Governor approved during September 1981. The statute went into effect on January 1, 1982. (Stats. 1981, ch. 959.)

On February 26, 1982, via permanent injunction, Judge Fogerty — sitting by assignment on the Sacramento Superior Court — held the statute unconstitutional. He ordered...

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